What if USCIS erroneously denied my application?
In many instances, USCIS erroneously denies cases that should have been approved. However, the Administrative and Procedural Act, which governs how federal agencies make rules and adjudications, allows us to file a lawsuit against USCIS. At Lunel Law, we will challenge any denial decision which is erroneous. When USCIS improperly follows rulemaking procedures, we will help you to effectively pursue your claim. Be aware that a motion to reopen a case before USCIS, or an appeal before the Board of Immigration Appeals is NOT necessarily the best option to obtain your visa. At Lunel Law, we will assess your specific situation to determine whether an APA is the most efficient option to resolve your case.
What if USCIS is taking too long to render a decision on my case?
In other instances, USCIS fails to take any action on a case and does not respect the processing times. A mandamus action is a legal remedy sought from a court to compel a government official or agency to perform a duty that they are obligated to perform but have failed to do so. In immigration law, a mandamus action may be filed by an individual or entity to prompt the government to take action on a delayed immigration application, petition, or administrative process.
For example, if an immigration application has been pending for an unreasonably long time without a decision from the authorities, the applicant may file a mandamus action to ask the court to order the government to adjudicate the application promptly.
In such cases, the court reviews the facts of the situation and determines whether the government has unreasonably delayed in fulfilling its duty. If the court finds that there has been an unreasonable delay and that the applicant has a clear legal right to have their application processed, it may issue a writ of mandamus ordering the government to take action within a specified time frame.
Mandamus actions can be complex and typically require the assistance of an experienced attorney familiar with immigration law and the procedures involved in filing such actions. At Lunel Law, we can represent you during this legal action.
Appeals before the Board of Immigration Appeals
A BIA appeal refers to an appeal filed with the Board of Immigration Appeals (BIA) in the United States. The BIA is an administrative appellate body that reviews decisions made by immigration judges in removal proceedings.
When an individual disagrees with an immigration judge’s decision, such as a denial of an application for relief from removal or a deportation order, they may have the option to appeal the decision to the BIA. The appeal must be filed within a specified time frame after the immigration judge’s decision.
During the BIA appeal process, the appellant (the person appealing the decision) submits a written brief outlining the legal arguments and grounds for appeal. The opposing party, typically the Department of Homeland Security (DHS), may also submit a brief in response. In some cases, oral arguments may be scheduled before the BIA.
The BIA reviews the case based on the record of proceedings from the immigration court, the written briefs submitted by both parties, and any relevant legal authorities. After considering the arguments and evidence, the BIA will issue a decision either affirming, reversing, modifying, or remanding the immigration judge’s decision.
Appealing to the BIA can be a complex process, and individuals often seek the assistance of an experienced immigration attorney to navigate the appeals process and present their case effectively. At Lunel Law, we have experience in representing clients before the BIA and we will advocate for your case.